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manik (--)     24 January 2011

Eligibility for gratuity


Recently I changed my job in the month of November. My service in previous company was from July 2005 to November 2010. During this tenure, I was deputed in our office in Malaysia for 10 months. Now, as  per my previous employer's calculations, I am not eligible for gratuity since those 10 months are not considered in "continued service of 5 years".

Would like to know if this is as per gratuity rules ?

Thanks in advance




 3 Replies

mahesh pandey (Vice President)     24 January 2011


If u are in continious service as defined u/s 2A of the payment of gratuity Act, 1972 , u will be entitled 4 gratuity.



Kirti Kar Tripathi (lawyer)     28 January 2011

you were sent Malaysia on deputation by your employer, the period sept in Malaysia will be treated as continuous employment, you are eligible for gratuity.


Dear Manik,


Your query seems to be incomplete. You have not mentioned the status of your company in India as well as in Malaysia. Please provide the following information to help you to get a proper guidance:


1) What is the EXACT names of the company in India as well as in Malaysia (even if there is any slight difference)?


2) Whether there is a mention in your order of posting about your being deputed to the company's office in Malaysia?


3) Whether the Company, where you were deputed in Malaysia is registred in Malaysia, as an independent or an Indian subsidiary company, or otherwise your Indian Company has set up an unregistered office in Malaysia, without registering the same as a legal entity (company) in Malaysia?


PS Dhingra

Chief Executive Officer

Dhingra Group of Management & Vigilance Consultants

New Delhi-110089

Mobile: 09968076381


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